Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 75219-75221 [2022-26716]
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
NSCH–S–T3 (Spanish Topical for 12- to
17-year-old children).
Type of Review: Regular submission,
Request for a Revision of a Currently
Approved Collection.
Affected Public: Parents, researchers,
policymakers, and family advocates.
Estimated Number of Respondents:
132,402.
Estimated Time per Response: 5
minutes per screener response and 35–
36 minutes per topical response, which
in total is approximately 40–41 minutes
for households with eligible children.
Estimated Total Annual Burden
Hours: 49,431.
Estimated Total Annual Cost to
Public: $0 (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Section 8(b); 42 U.S.C. Section 701; 42
U.S.C. Section 1769d(a)(4)(B); and 42
U.S.C. Section 241.
lotter on DSK11XQN23PROD with NOTICES1
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–26701 Filed 12–7–22; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2020, through April 30, 2021.
Additionally, Commerce determines
that a company for which we initiated
a review had no shipments during the
POR.
DATES: Applicable December 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3693,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers and/
or exporters of the subject merchandise.
Commerce selected two companies,
NLMK Verona SpA (NVR) and Officine
Tecnosider s.r.l. (OTS), for individual
examination. One company, Lyman
Steel Company (Lyman), reported
having no shipments during the POR,
see ‘‘Determination of No Shipments’’
section below. The remaining producers
and/or exporters not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
On June 6, 2022, Commerce published
the Preliminary Results.1 In July 2022,
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Preliminary Results of
Antidumping Duty Administrative Review and
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75219
certain of the petitioners,2 NVR, and
OTS submitted case and rebuttal briefs.3
On September 15, 2022, we extended
the deadline for the final results until
December 2, 2022.4 For a description of
the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the Order
are certain carbon and alloy steel hotrolled or forged flat plate products not
in coils, whether or not painted,
varnished, or coated with plastics or
other non-metallic substances from
Italy. Products subject to the order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and
7226.91.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.6
Verification
Commerce was unable to conduct onsite verification of the information
relied upon for the final results of this
review. However, we took additional
steps in lieu of an on-site verification to
verify this information, in accordance
with section 782(i) of the Act.7
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 34246 (June 6, 2022) (Preliminary
Results).
2 Nucor Corporation.
3 See Petitioner’s Letter, ‘‘Nucor’s Case Brief as to
NLMK Verona, S.p.A.,’’ dated July 6, 2022; NVR’s
Letter, ‘‘Case Brief,’’ dated July 6, 2022; OTS’s
Letter, ‘‘OTS’s Case Brief,’’ dated July 6, 2022;
Petitioner’s Letter, ‘‘Nucor’s Rebuttal Brief,’’ dated
July 15, 2022; and NVR’s Letter, ‘‘Rebuttal Brief,’’
dated July 15, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2020–2021 Antidumping Duty
Administrative Review,’’ dated September 15, 2022.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate From Italy,’’ dated concurrently
with, and hereby adopted by, these results (Issues
and Decision Memorandum).
6 For a full description of the scope of the order,
see Issues and Decision Memorandum.
7 See Commerce’s Letters, ‘‘In Lieu of Verification
Questionnaire for NVR and OTS,’’ dated June 6,
2022; see also NVR’s Letter, ‘‘NVR’s Response to In
Lieu of On-Site Verification Questionnaire,’’ dated
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
Analysis of Comments Received
selected for individual examination
when Commerce limits its examination
All issues raised in the case and
rebuttal briefs are listed in the appendix in an administrative review pursuant to
section 777A(c)(2) of the Act.
to this notice and addressed in the
Generally, when calculating margins
Issues and Decision Memorandum. The
for non-selected respondents,
Issues and Decision Memorandum is a
Commerce looks to section 735(c)(5) of
public document and is on file
the Act for guidance, which provides
electronically via Enforcement and
instructions for calculating the allCompliance’s Antidumping and
others rate in an investigation. Section
Countervailing Duty Centralized
735(c)(5)(A) of the Act provides that
Electronic Service System (ACCESS).
when calculating the all-others rate,
ACCESS is available to registered users
at https://access.trade.gov. In addition, a Commerce will exclude any zero and de
minimis weighted-average dumping
complete version of the Issues and
Decision Memorandum can be accessed margins, as well as any weightedaverage dumping margins based on total
directly at https://access.trade.gov/
facts available. Accordingly,
public/FRNoticesListLayout.aspx.
Commerce’s usual practice has been to
Determination of No Shipments
average the margins for selected
respondents, excluding margins that are
As noted in the Preliminary Results,
zero, de minimis, or based entirely on
we received a no-shipment claim from
facts available. In this review, in
one company involved in this
accordance with section 735(c)(5)(A) of
administrative review, Lyman. In the
the Act, Commerce assigned the
Preliminary Results, we preliminarily
weighted-average calculated rates of the
determined that Lyman had no
reviewable transactions during the POR. mandatory respondents, NVR and OTS,
which are not zero, de minimis, or
We received no comments from
determined entirely on the basis of facts
interested parties with respect to this
available to the non-selected companies
claim. Therefore, because the record
in these final results, based on their
indicates that this company did not
publicly ranged sales data.10
export subject merchandise to the
United States during the POR, we
Final Results of the Review
continue to find that Lyman had no
We are assigning the following
reviewable transactions during the POR.
weighted-average dumping margins to
Accordingly, consistent with
the firms listed below for the period
Commerce’s practice, we intend to
May 1, 2020, through April 30, 2021:
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
Weightedexisting entries of merchandise
average
produced by Lyman, but exported by
Producer/exporter
dumping
other parties, at the rate for the
margin
intermediate reseller, if available, or at
(percent)
the all-others rate.8
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculations for NVR and those
companies not selected for individual
review.9
NLMK Verona SpA .....................
Officine Tecnosider s.r.l ..............
Arvedi Tubi Acciaio .....................
C.M.T. Construzioni Meccaniche
di Taglione Emilio & C. S.a.s ..
O.ME.P SpA ...............................
Ofar SpA .....................................
Officine Meccaniche M.A.M. s.r.l
Sesa SpA ....................................
SZ Acroni D.o.o ..........................
Tim-Cop Doo Temerin ................
Rate for Non-Selected Respondents
Disclosure
Changes Since the Preliminary Results
lotter on DSK11XQN23PROD with NOTICES1
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
June 13, 2022; and OTS’s Letter, ‘‘Administrative
Review In Lieu of Verification Questionnaire
Response, dated June 13, 2022.
8 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
9 See Issues and Decision Memorandum.
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17:36 Dec 07, 2022
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20.44
4.43
4.43
4.43
4.43
4.43
4.43
4.43
4.43
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
10 See
Memorandum, ‘‘Calculation of the Cash
Deposit Rate for Non-Reviewed Companies,’’ dated
May 31, 2022 (Non-Reviewed Company Calculation
Memorandum).
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Sfmt 4703
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
where the respondent reported the
entered value of its U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the companies that were not
selected for individual review, we will
assign an assessment rate based on the
cash deposit rates calculated for NVR
and OTS, excluding any rates that are
zero, de minimis, or determined entirely
based on adverse facts available.11 The
final results of this review shall be the
basis for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.12
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. As indicated above, for
Lyman, we will instruct CBP to
liquidate any existing entries of
merchandise produced by Lyman, but
exported by other parties, at the allothers rate if there is no rate for the
11 This rate was calculated as discussed in the
Section, ‘‘Rate for Non-Selected Respondents,’’
above. See also Non-Reviewed Company
Calculation Memorandum.
12 See section 751(a)(2)(C) of the Act.
E:\FR\FM\08DEN1.SGM
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
intermediate company(ies) involved in
the transaction.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 6.08
percent, the all-others rate established
in the LTFV investigation.13 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
13 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea, and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
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17:36 Dec 07, 2022
Jkt 259001
75221
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Order
Antidumping and Countervailing Duty
Orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the
People’s Republic of China:
Preliminary Affirmative Determinations
of Circumvention With Respect to
Cambodia, Malaysia, Thailand, and
Vietnam
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is being issued in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
NVR-Specific Issues
Comment 1: NVR’s Direct Material Costs
(DIRMAT)
Comment 2: NVR’s Change in Inventory
Adjustment
Comment 3: Whether Commerce Should
Apply the Transactions Disregarded Rule
to the Cost of Services NVR Obtained
from Certain Affiliated Parties
Comment 4: Whether Commerce Should
Deny NVR’s Claimed Offset to Its
Reported General and Administrative
(G&A) Expense Calculation
Comment 5: Whether Commerce Should
Deny NVR’s Claimed Offsets to Its
Reported Interest Expenses
Comment 6: Whether Section 232 Duties
Should be Deducted From U.S. Price
OTS-Specific Issues
Comment 7: Whether Commerce Should
Use the Quarterly Cost Averaging
Methodology for OTS
Comment 8: Whether Commerce Should
Depart From the 90/60 Contemporaneous
Period Methodology
VI. Recommendation
[FR Doc. 2022–26716 Filed 12–7–22; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
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International Trade Administration
[A–570–979, C–570–980]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that, except as noted below,
imports of certain crystalline silicon
photovoltaic cells, whether or not
assembled into modules (solar cells and
modules), that were exported from the
Kingdom of Cambodia (Cambodia),
Malaysia, the Kingdom of Thailand
(Thailand), or the Socialist Republic of
Vietnam (Vietnam) using parts and
components produced in the People’s
Republic of China (China), as specified
below, are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
solar cells and modules from China.
DATES: Applicable December 8, 2022.
FOR FURTHER INFORMATION CONTACT: Jose
Rivera, Toni Page, and Peter Shaw
(Cambodia and Malaysia) and Jeff
Pedersen and Paola Aleman Ordaz
(Thailand and Vietnam), Offices VII and
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0842,
(202) 482–1398, (202) 482–0697, (202)
482–2769, and (202) 482–4031,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 7, 2012, Commerce
published in the Federal Register AD
and CVD orders on U.S. imports of solar
cells and modules from China.1 On
February 8, 2022, pursuant to section
781(b) of the Tariff Act of 1930, as
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (Solar Cells AD Order); see also
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012) (Solar Cells CVD
Order) (collectively, Orders).
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75219-75221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26716]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), May 1, 2020, through April 30, 2021.
Additionally, Commerce determines that a company for which we initiated
a review had no shipments during the POR.
DATES: Applicable December 8, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers and/or exporters of the subject
merchandise. Commerce selected two companies, NLMK Verona SpA (NVR) and
Officine Tecnosider s.r.l. (OTS), for individual examination. One
company, Lyman Steel Company (Lyman), reported having no shipments
during the POR, see ``Determination of No Shipments'' section below.
The remaining producers and/or exporters not selected for individual
examination are listed in the ``Final Results of the Review'' section
of this notice.
On June 6, 2022, Commerce published the Preliminary Results.\1\ In
July 2022, certain of the petitioners,\2\ NVR, and OTS submitted case
and rebuttal briefs.\3\ On September 15, 2022, we extended the deadline
for the final results until December 2, 2022.\4\ For a description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From
Italy: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2020-2021, 87 FR
34246 (June 6, 2022) (Preliminary Results).
\2\ Nucor Corporation.
\3\ See Petitioner's Letter, ``Nucor's Case Brief as to NLMK
Verona, S.p.A.,'' dated July 6, 2022; NVR's Letter, ``Case Brief,''
dated July 6, 2022; OTS's Letter, ``OTS's Case Brief,'' dated July
6, 2022; Petitioner's Letter, ``Nucor's Rebuttal Brief,'' dated July
15, 2022; and NVR's Letter, ``Rebuttal Brief,'' dated July 15, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated September
15, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate From Italy,'' dated concurrently with, and hereby
adopted by, these results (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the Order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from Italy. Products subject to the order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
this information, in accordance with section 782(i) of the Act.\7\
---------------------------------------------------------------------------
\7\ See Commerce's Letters, ``In Lieu of Verification
Questionnaire for NVR and OTS,'' dated June 6, 2022; see also NVR's
Letter, ``NVR's Response to In Lieu of On-Site Verification
Questionnaire,'' dated June 13, 2022; and OTS's Letter,
``Administrative Review In Lieu of Verification Questionnaire
Response, dated June 13, 2022.
---------------------------------------------------------------------------
[[Page 75220]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from one company involved in this administrative review, Lyman.
In the Preliminary Results, we preliminarily determined that Lyman had
no reviewable transactions during the POR. We received no comments from
interested parties with respect to this claim. Therefore, because the
record indicates that this company did not export subject merchandise
to the United States during the POR, we continue to find that Lyman had
no reviewable transactions during the POR. Accordingly, consistent with
Commerce's practice, we intend to instruct U.S. Customs and Border
Protection (CBP) to liquidate any existing entries of merchandise
produced by Lyman, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\8\
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\8\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for NVR
and those companies not selected for individual review.\9\
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\9\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act.
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others rate, Commerce will exclude any zero and de
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, in accordance with section
735(c)(5)(A) of the Act, Commerce assigned the weighted-average
calculated rates of the mandatory respondents, NVR and OTS, which are
not zero, de minimis, or determined entirely on the basis of facts
available to the non-selected companies in these final results, based
on their publicly ranged sales data.\10\
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\10\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,'' dated May 31, 2022 (Non-Reviewed Company
Calculation Memorandum).
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
NLMK Verona SpA............................................. 1.47
Officine Tecnosider s.r.l................................... 20.44
Arvedi Tubi Acciaio......................................... 4.43
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s 4.43
O.ME.P SpA.................................................. 4.43
Ofar SpA.................................................... 4.43
Officine Meccaniche M.A.M. s.r.l............................ 4.43
Sesa SpA.................................................... 4.43
SZ Acroni D.o.o............................................. 4.43
Tim-Cop Doo Temerin......................................... 4.43
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For the companies that were not selected for individual review, we
will assign an assessment rate based on the cash deposit rates
calculated for NVR and OTS, excluding any rates that are zero, de
minimis, or determined entirely based on adverse facts available.\11\
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\12\
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\11\ This rate was calculated as discussed in the Section,
``Rate for Non-Selected Respondents,'' above. See also Non-Reviewed
Company Calculation Memorandum.
\12\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. As indicated above, for
Lyman, we will instruct CBP to liquidate any existing entries of
merchandise produced by Lyman, but exported by other parties, at the
all-others rate if there is no rate for the
[[Page 75221]]
intermediate company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 6.08
percent, the all-others rate established in the LTFV investigation.\13\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\13\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea, and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is being issued in accordance with sections 751(a)(1)
and 777(i) of the Act.
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
NVR-Specific Issues
Comment 1: NVR's Direct Material Costs (DIRMAT)
Comment 2: NVR's Change in Inventory Adjustment
Comment 3: Whether Commerce Should Apply the Transactions
Disregarded Rule to the Cost of Services NVR Obtained from Certain
Affiliated Parties
Comment 4: Whether Commerce Should Deny NVR's Claimed Offset to
Its Reported General and Administrative (G&A) Expense Calculation
Comment 5: Whether Commerce Should Deny NVR's Claimed Offsets to
Its Reported Interest Expenses
Comment 6: Whether Section 232 Duties Should be Deducted From
U.S. Price
OTS-Specific Issues
Comment 7: Whether Commerce Should Use the Quarterly Cost
Averaging Methodology for OTS
Comment 8: Whether Commerce Should Depart From the 90/60
Contemporaneous Period Methodology
VI. Recommendation
[FR Doc. 2022-26716 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P
